WIRTW #624: the “it’s snot okay” edition

Earlier this week our country officially passed 1 million Covid-19 deaths. According to the World Health Organization, Covid's full death toll is three times higher than officially reported.

Whether the actual number is 1 million or 3 million, it's an awful milestone and a grim reminder that Covid is still out there, mutating and circulating in the community. Indeed, Covid numbers are rising nationwide, with some counties and even entire states moving back into the "high transmission" category after a short restbite. 

You'd think after two-plus years of pandemic living, people would know the rules of Covid-19 road. For example, the importance of practicing good hygiene habits and not sneezing directly into the palm of your hand. 

Some people, however, appear not to have received this message. For example, consider the cashier at a local Skechers store that Norah and I visited last weekend. All we wanted to do was buy her a pair of comfortable shoes to wear to her new job. Instead, we got this nasty encounter.

🤧 💦 🖐️ 🦠 😳 🤢 

Here's what I read this past week that I think you should be reading, too.

WIRTW #623: the “blocked” edition

I've probably written more about labor organizing over the past six months than in the prior six years (or longer) combined. It's a testament to the cultural significance of Starbucks, Amazon, Apple, and all of the other high-profile union campaigns happening all over the country.

Every time I post something remotely anti-union, I'm appalled by the number of personal attacks I receive from pro-union advocates. I've been called a corporate shill, stupid, a lousy lawyer, and worse. 

Guess what? You're not my audience. I'm a management-side lawyer. I'm not writing to you. I'm writing to and for business owners. I don't expect you to agree with me, nor do I care if you do. But I do expect that we should be able to have a civil conversation about the issues. When you attack me personally, that civil conversation cannot happen. It will also get you blocked, so why bother?

I will not engage with anyone who demeans or attacks me. But please, by all means keep making yourselves look bad. You're only undermining your own position and helping me reinforce mine.

Here's what I read the past week that I think you should be reading, too.

WIRTW #621: the “on the radio” edition

How do I know that labor unions are making raging comeback? Historically, my posts on unions, union organizing, and union avoidance would struggle on LinkedIn to break 1,000 views and would only garner a handful of likes and comments. Over the past few weeks, however, my posts on the dramatic and successful rise in union organizing have been viewed well over 100,000 times with hundreds upon hundreds of likes, comments, and shares. It's an issue that has raised passion on both sides.

How else do I know? Because my social and news feeds are full of stories about union organizing. I think I've read more stories about labor unions in the past 18 months than I did in the first two decades of my legal practice combined.

Yesterday, it was my pleasure to appear on Labor Relations Radio to discuss all of these issues. We covered the reasons for the rise in union organizing, why I'm anti-union (but pro-employee), the use of salts in the Amazon and Starbucks campaigns, and the NLRB's general counsel's Cemex brief, which calls for the NLRB to alter rules on mandatory card check recognition, the elimination of captive audience speeches, and other issues that will dramatically tilt the organizing playing field even more in favor of the unions than it already is.

You can listen here, or wherever you get your podcasts.

A huge thank you to Peter List for inviting me on his show. 

Here's what I read the past week that I think you should be reading, too.

WIRTW #620: the “straws” edition

Do you know? Non-plastic straws, such as those made of paper or plant material, can include wheat as a binder? Norah discovered this fact after we returned from our recent family Spring Break vacation to Hollywood, Florida. Her brother, Donovan, who has Celiac Disease, got glutened on our trip and we couldn’t figure out the source. 

Now we have a pretty good idea. Good catch Norah!

Hear all about the rest of our Spring Break on this week's episode of The Norah and Dad Show, available on Apple Podcasts, Spotify, Google Podcasts, or wherever you listen to podcasts.

Here's what I read the past two weeks that I think you should be reading, too.

WIRTW #619: the “update” edition

To wrap things up this week, I thought I'd update two stories.

1/ UCLA Unpaid Job Posting

In addition to taking down the offensive job posting, UCLA tweeted this update.

Had UCLA included some of this reasonable explanation as part of its job posting, it could have avoided being excoriated online.

2/ Brienne Allan

Brienne, now of Brave Noise Beer, recently appeared on the Good Beer Hunting podcast to discuss what her year has been like since her Instagram post asking for stories about sexual harassment and gender discrimination in craft breweries went viral. It's a great listen. My takeaway (which will be fodder for a future post): Is your business an ally, or are you just afraid of being canceled?

I'm taking a much-needed vacation next week. I'll be back on April 4 with fresh content for y'all. Try not to miss me too much.

Here's what I read this past week that I think you should be reading, too.

WIRTW #618: the “o sole mio” edition

Over the years I've shared a lot of videos of my daughter performing. At the Rock & Roll Hall of Fame. At Ohio Bike Week. At the Best of Cleveland Party. On stage with Roger Waters. On stage with Rhett Miller. A lot of videos. (I'm a proud dad. What can I say?)

Here's another, albeit of a very different kind of vocal performance.

View this post on Instagram

A post shared by Jon Hyman (@jonhyman)

Here's what I read this past week that I think you should be reading, too.

WIRTW #617: the “drive-thru” edition

Earlier this week I had the pleasure of guesting on DriveThruHR, one of the oldest and (in my opinion) best HR radio shows/podcasts. We discussed the end of my pandemic practice, the start of my craft beer practice, how alcohol is in my blood (and not in the way you might think), the sudden and successful rise of the labor movement, and some worst employers. Thanks to Mike VanDervort for the invite, and Mike and Robin Schooling for the discussion. 

You can listen here, or wherever you get your podcasts.

Here's what I read this past week that I think you should be reading, too.

WIRTW #616: the “cocktail” edition

Have you heard about Pravda Brewery, in Lviv, Ukraine. It has stopped producing craft beer and instead is making Molotov cocktails for the Ukrainian Territorial Defense Forces.

Yuri Zastavny, the brewery's owner, told Fox News that he and his workers decided to use their knowledge of chemistry, skills, supplies, and labor to contribute to the fight.

"Once we understand what can come through beer — because it’s no time for beer, we need to get other things sorted out — we decided to make Molotov cocktails because we can use bottles, we can use the people, and it was a grassroots idea." 

Zastavny added, "If you can brew, then you can make Molotov cocktails."

This is most definitely not what I had in mind when I decided to become a beer lawyer.

Here's what I read this past week that I think you should be reading, too.

WIRTW #615: the “prayers” edition

I pray for the people of Ukraine.

I pray for democracy.

I pray for diplomacy.

I pray for Europe.

I pray for troops everywhere, ours and everyone else's.

I pray that we are not seeing the beginning of WWIII.

I pray for peace.

I pray that I'm wrong about WWIII, but as a student of history I don't think I am.

Here's what I read this past week that I think you should be reading, too.

WIRTW #614: the “North Star” edition

I spent yesterday at my kids' school, Lake Ridge Academy. With the assistance of Grant Lichtman, an internationally recognized thought leader in the drive to transform K-12 education, I, along with the school's faculty, staff, and administration, some other parents, some students, and my fellow board members, spent the better part of the day brainstorming to determine the school's North Star — the one thing that will move the school forward with us all moving in the same direction, or, to put it differently, the one thing that will make us irresistible.

We learned a lot about us as a school and where we want to be. It was a rewarding, engaging, and energizing exercise from which any organization (or person) would benefit. 

What is your North Star? Or your business's North Star? Share in the comments below.

Here's what I read this past week that I think you should be reading, too.

WIRTW #613: the “competition” edition

On July 9, 2021, President Biden issued Executive Order 14036, Promoting Competition in the American Economy. Its goal is to reduce the trend of corporate consolidation, increase competition, and deliver concrete benefits to America's consumers, workers, and small businesses.

To that end, the Treasury Department has been investigating competition in the beer, wine, and spirits industries. Earlier this week, it published its report. 

It details how the government should be working to open up competition in these industries to help the small businesses that fuel it. 

It also makes some specific recommendations, including on the anticompetitive dangers of horizontal consolidation within the industry, and how state laws (such as beverage franchise laws) can be amended to eliminate or mitigate the anticompetitive effects of states' traditional three-tier supply chain system of passing alcoholic beverages from the producer/supplier, to the distributor/wholesaler, and ultimately to the retailer.

If you have any interest in these industries in particular, or more generally as to how the power of state and federal governments can be harnessed to help free enterprise by removing barriers to competition, I recommend reading the Treasury Department's report.

Here's what else I read this past week that I think you should be reading, too.

WIRTW #612: the “when I went to college” edition

I turn 49 years old in nine days. I was recently reminded of my age when I came across this blog post from my alma mater, Binghamton University (née SUNY Binghamton): You Know You Went to SUNY Binghamton When…

Among the pearls of days gone by that Gens Y and Z could not possibly wrap their younger brains around?

🍻 I drank in an on-campus pub

✍️ I waited in line in the gym to register for classes on paper

👀 Everyone knew my social security number

What has changed since you attended college that would shock those younger than you? Share in the comments below.

Here's what I read this week that I think you should be reading, too.

WIRTW #611: the “masthead” edition

Early on in the pandemic, I rebranded and renamed the Ohio Employer Law Blog to the Coronavirus Law Blog. The change was part marketing savvy and part recognition of the reality that for the then-foreseeable future the Covid-19 pandemic would be all that mattered to employers. 

Nearly two years later? The name and masthead remain the same.

Yet, even with Omicron keeping cases at near-record numbers, hospitals still full, and Covid still claiming thousands of American lives per day, it's at least starting to feel as if we are rounding the corner into the home stretch of the pandemic.

So don't worry. I'll let you know when the pandemic is over. It'll be when I change the masthead back to this:

Here's what I read this week that I think you should be reading, too.

WIRTW #610: the “humor is the best medicine” edition

On behalf of myself and my daughter, I'd like to thank everyone for all of the kind words of encouragement and support I received for our most recent podcast episode. Whenever you go through any sort of trauma, you feel like you're in it alone. What I learned through the many of you who took the time out of your busy lives to email, comment, or message is that we are not alone and that so many have gone through similar experiences. That community of shared experiences offers a tremendous amount of comfort.

If you've yet to listen, please do so (Apple, Spotify, or wherever you get your podcasts). If you have listened, please share. And if you've shared, please re-share somewhere else. Norah wants to make something positive out of her experience to help people by talking about and de-stigmatizing mental health issues. It's a conversation that is long overdue and very needed. 

I do want to take a moment to address one critique we've received from one very small corner of the internet, which has been bothering me and that I don't want to leave unanswered — that because we chose to attack this issue with some humor, we are devaluing the seriousness of the situation and are not taking mental health issues seriously. Nothing could be further from the truth. No one (and I mean no one) has the right to tell someone else how to process trauma. Some do so with anger or sadness. Some with quiet reflection. And some with serious discussion. Consistent with our personalities, we process with humor and sarcasm. It doesn't mean we're not taking the situation seriously or making light of it. Quite the opposite. It just means we're coping the best we can. I can assure you that no one takes what Norah went through and is going through more seriously than she and our family.

Here's what I read this week that I think you should be reading, too.

WIRTW #609: the “hugs” edition

Everyone do me a favor and hug your kids a little stronger and a little longer tonight. They all need it.

— Jon Hyman 💉😷 (@jonhyman) January 5, 2022

Here's what I read this week that I think you should be reading, too.

WIRTW #608: the “back and forth” edition

Before we get to the links of others that you might have missed this past week, I thought it best to look back on my own links that you also might have missed in the hustle and bustle of your workweek.

1/ Voting is open for the Worst Employer of 2021, and will remain open until 11:45 pm on Monday. If you don't vote, you forfeit your right to complain about the results. Vote here.

2/ I guested on this week's episode of Marc Alifanz's and Kate Bischoff's Hostile Work Environment podcast (my favorite employment law podcast, with two of my favorite people), running down the eight Worst Employer finalists. Listen on Apple Podcasts, Spotify, or wherever you get your podcasts.

3/ Episode 4 of The Norah and Dad Show is live on Apple Podcasts, Spotify, or wherever you get your podcasts. Please consider subscribing to our show in your app of choice so that you never miss an episode, and, as Norah says every week, we'd love your 5-star reviews on Apple Podcasts and 5-star ratings on Spotify (which just launched its podcast ratings).

Here's the plan for the remainder of the year. After regular posts on Monday and Tuesday, on Wednesday I'll announce the winner of the Worst of Employer of 2021. Finally, on Thursday I'll wrap up the year with my annual reading of 'Twas the Employment Law Night Before Christmas, which will have a companion video if I get my stuff together over the next few days.

Have a great, safe, and healthy weekend. Here's this year's final list of the best things I read online over the past week that I think you should be reading, too.

WIRTW #607: the “broken record” edition

Earlier this week a local hospital system held a webinar entitled, COVID-19: Omicron, Vaccines, and Anti-Virals. The news is sobering. 

Covid is surging, yet again. Delta is wreaking havoc on populations in colder-weather states. Moreover, we don't yet know or understand exactly what Omicron means for the future of this pandemic. Unvaccinated populations remain at the highest risk for serious illness, hospitalizations, and death, but those who are fully vaccinated still must act with caution. The news is that we are in for a long winter. And it's not just the virus itself that we have to worry about, but the impact of the virus on our healthcare systems. ICUs and hospital beds at capacity mean diminished care and strained healthcare workers.

None of this is good news. Yet, it's the same news we've heard since March 2020. And the best practices to combat Covid remain the same. If you're not vaccinated, get vaccinated. If you're not boosted, get boosted. Regardless, wear a mask to protect yourself and others. Limit contact with unvaccinated people. Practice good hand-washing and other hygiene habits. And for God's sake, if you don't feel well or have any possible symptoms of Covid-19, stay the frick home until you've tested negative.

While we all might be done with Covid, it's not done with us. We all just need to act like it. Now I sound like a broken record.

I can't leave you for the week with all bad news, so before I turn today's post over the employment law links, I have two other links to share with you.

First, before there was The Norah and Dad Show (have you downloaded and listened yet?), there was the guest-hosting spot Norah and I recorded for the Rockin' the Suburbs podcast. Our episode, in which we discuss daddy/daughter concert experiences, went live today. You can listen to it here, or wherever you get your podcasts.

Secondly, I have a movie recommendation. Check out Mixtape on Netflix. It's an utterly charming, family-friendly movie set in 1999 about a quirky 12-year-old who sets out to learn about her deceased parents through the songs on an old mixtape of theirs she found in her grandmother's basement. It's the rare family movie that speaks to adults without dumbing down the substance, speaks to children without soaring over their heads, and has the emotional beats and laughs hit equally for both. Also, the music slams. Any scene in a 1999 Pacific Northwest indie record store that accurately showcases early White Stripes is a winner in my book. Bottom line — my house absolutely loved Mixtape, and you should add it to your Netflix List. Highly recommended.

Now, here are the best things I read online the past week that I think you should be reading, too.

WIRTW #605: the “Norah and Dad show” edition

I'm starting a podcast. Correction. We are starting a podcast. The other half of the "we" in question is my 15-year-old daughter, Norah. It was 100 percent her idea, and who am I to say no to quality Norah/Dad time behind two microphones, recording it for all to hear. Stay tuned. We are getting ready to start recording and we will have episodes to share in the coming weeks.

Please look for episodes in your podcast app of choice, or at norahanddadshow.buzzsprout.com. You should also follow us on Instagram, Twitter, and Facebook. I still need Norah to explain the whole TikTok thing to me, but I'm guessing we'll be there, too.

Here are the best things I read online this past week that I think you should be reading, too.

WIRTW #604: the “I promise I’m a real lawyer” edition

The post was not meant to be controversial. Aaron Rogers admittedly lied about his vaccination status. I merely suggested that he not get a free pass because of who he is, and should be treated like any other employee caught lying on the job. Then, LinkedIn featured my post in their Breaking News sidebar. And all hell broke loose.

More than a few people called me a Nazi (which, for the record, Linkedin does not consider a violation of its Professional Community Policies.)

Others joyfully outed their own racism by comparing Rogers to his "murdering and raping teammates" or by calling Covid-19 the "Wuhan Flu."

Still others incorrectly cited laws such as HIPAA (which they at least spelled correctly) to claim that Rogers' rights are being violated.

Some questioned my understanding of employment law. Pro tip: If you start your comment with, "I'm not a legal expert, but," then you shouldn't be offering a legal opinion. I don't tell the pilot how to fly the plane or the surgeon where to slice. Please don’t tell me I'm wrong about employment law. 

One notable commenter — a paralegal who has since blocked me — even went so far as to suggest that I shouldn't be writing about legal issues because I'm not actually an attorney.

So, today, I'm here to establish that I am, in fact, an actual, bona fide, licensed, and practicing attorney. I graduated law school in May 1997, took the bar exam that July, learned a few months later that I had passed said bar exam, was sworn in 10 days after that, and have been a licensed attorney in the State of Ohio practicing management-side labor and employment law ever since. Really. I promise.

Check out the bonkers (and frankly, scary) discussion here, if you dare.

Here are the best things I read online this past week that I think you should be reading, too.

WIRTW #603: the “Did anything happen yesterday?” edition

Unless you've been living in a cave for the past 24 hours, you are well aware that OSHA released its vaccine-mandate emergency temporary standard. There are lots of resources that have since been published, including this website from OSHA itself. One of the best is this half-hour video in which the agency explains the nuts and bolts of the ETS.

Alternatively, you can just randomly pound on your keyboard and you'll end up on the website of an employment lawyer offering you his or her summary (me included).

Here are the best things I read online this past week that I think you should be reading, too.